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2023 Supreme(P&H) 644

TRIBHUVAN DAHIYA
Sushma Sareen – Appellant
Versus
Insurance Ombudsman – Respondent


Advocates appeared:
Mr. Vijay K. Jindal, Senior Advocate with Mr. Jagdeep Singh Rana, Advocate, for the petitioner
None for respondent no.1
Mr. Akash Mehta, Advocate, for respondents no.2 and 3

TRIBHUVAN DAHIYA J.

This petition has been filed seeking a writ of certiorari for quashing the order dated 12.4.2017 (Annexure P-4) passed by the Insurance Ombudsman regarding claim submitted by the petitioner/insured’s wife towards Policy No.15512190 (commencement date 12.10.2012, and conveyed on 17.10.2012) and Policy No.16464208 (commencement date 3.12.2013, issued on 26.12.2013, and conveyed on 27.12.2013). the claims were repudiated by the respondents/Insurance company on account of suppression of relevant information at the time of taking the life insurance policies. Further, the petitioner is seeking a writ of mandamus directing the respondents to pay the insurance amount in terms of the aforesaid policies with interest at the rate of 18% per annum from the due date, i.e., death of the petitioner’s husband, till realisation.

2. Facts of the case in brief are, the petitioner’s husband filled-up the proposal forms (Annexures R-2/1 and R-2/3 respectively), and the aforementioned two insurance policies (Annexures R-2/2 and R-2/4) were issued to him on 17.10.2012 and 27.12.2013 respectively. The insured/petitioner’s husband died on 3.8.2015. The petitioner approached the Insurance

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